THE STATE OF IDAHO ET AL., APPELLEES, AND CLAUDE L. OLIVER, ETC. ET AL., APPELLEES,
v.
REAR ADMIRAL ROWLAND G. FREEMAN, III ADMINISTRATOR OF GENERAL SERVICES ADMINISTRATION, APPELLEE, AND NATIONAL ORGANIZATION FOR WOMEN ET AL., APPLICANT FOR INTERVENTION-APPELLANT

9th Cir. | 1980-08-15
No. 79-4844
625 F.2d 886 United States Court of Appeals for the Ninth Circuit (1980) Positive Treatment
Cited by 15 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the National Organization for Women (NOW) has a sufficient interest in the Equal Rights Amendment (ERA) to intervene in a suit challenging its ratification procedures.


Facts & Procedural History

NOW sought to intervene in a lawsuit challenging the ratification procedures for the ERA. The district court denied NOW's motion to intervene.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
POOLE, Circuit Judge:

POOLE, Circuit Judge:

The National Organization for Women (NOW) appeals from the denial of its motion to intervene pursuant to Fed.R.Civ.P. 24 in a suit challenging procedures for ratification of the proposed Equal Rights Amendment (ERA) to the Constitution of the United States. The States of Idaho and Arizona and over eighty members of their respective state legislatures are plaintiffs in this action against the Administrator of the General Services Administration (GSA), the agency which performs ministerial tasks in connection with the amendatory process. The district court had previously allowed four members of the legislature of the State of Washington to intervene as additional plaintiffs, but denied NOW’s application on October 10, 1979.

Intervention of right requires a timely showing that the applicant possesses an interest relating to the property or transaction which is the subject of the suit and is so situated that the disposition of the suit may as a practical matter impair the ability to protect that interest, and in addition that the applicant’s interest is not adequately represented by the existing parties. Fed.R.Civ.P. 24(a)(2); County of Fresno v. Andrus, 622 F. 2d 436 at 438, slip op. at 4002 (9th Cir. 1980); Blake v. Pallan, 554 F. 2d 947, 951 (9th Cir. 1977).

We hold that NOW has such an interest in the continued vitality of ERA, which would as a practical matter be significantly impaired by an adverse decision and which is incompletely represented here. Consequently, the district court erred in denying intervention, and its order of October 10, 1979, is reversed. The stay of proceedings previously entered by this Court is hereby vacated and the mandate shall issue forthwith.

REVERSED.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw